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DASAR PERTIMBANGAN PUTUSAN HAKIM DALAM GUGATAN ATAS AKTA HIBAH YANG DIBUAT OLEH PPAT (Studi Kasus Perkara No.66/Pdt.G/2007/PN.Sleman jo No.44/Pdt.G/2008/PT.Yogyakarta)

By , Maria Angelina Anom Herningtyas Cahyowati and , Sigid Riyanto, SH.,M.Si.

Abstract

The purpose of this research was to determine the basis of consideration judge in court first level declared authentic deed made PPAT has no binding force in case No. 66 / Pdt.G/ 2007/ PN. Sleman and the basis of consideration judge in court of appeal the case to refuse all the applicant claim and annul the decision of the court of first level in case No. 44/ Pdt.G/ 2008/ PT. Yogyakarta. This research is yuridis normative research that refers to the legal norms contained in laws and regulations and court decisions (library research) as well as legal norms existing in society, then equipped with field research.This research was conducted with respondents in Sleman District Court and the High Court of Yogyakarta determined by purposive sampling. Qualitative research methods and presentation of descriptive data analysis methods classify data and selecting the data obtained according to the quality and validity is then connected to theories derived from the study of literature in order to obtain answers to the problems posed. The results are (1) become customary laws for the people of Indonesia in the Islamic religion permeates most of their customary norms of Islamic law that grants at most 1/3 of all the property of the grantor, Supreme Court RI No. 225/K/Sip/1960 RI decision that grants do not require approval of a grant heirs and the heirs did not lead to other disadvantaged, Supreme Court RI decision No. 562K / Sip/1979 that in the event the grantor is the beneficiary has an absolute grant of the whole property is null and void, because the heirs will lose his birthright (2) jurisprudence Supreme Court RI on May 13, 1975 Number 151/Sip/1975 states that the parties litigant should be included in full and if it does not meet the above requirements do not claim to be perfect then the lawsuit can not be accepted (niet ontvankelijk verklaard)

Topics: ETD
Publisher: [Yogyakarta] : Universitas Gadjah Mada
Year: 2013
OAI identifier: oai:generic.eprints.org:123171/core8303
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